Supreme Court Ruling Modifies Summary Judgment Standard in Tennessee:
The Tennessee Supreme Court has returned to a summary judgment standard consistent with the Federal Rules of Civil Procedure in an Opinion released on October 26, 2015 in Rye, et al. v. Women's Care Center of Memphis, MPLLC, et al., a Memphis health care liability case. The most recent case that governed summary judgment practice in Tennessee was Hannan v. Alltel Publishing Co., issued in 2008. Over the years, the Hannan decision has been widely criticized and the Court noted that it “has functioned in practice to frustrate the purposes for which summary judgment was intended.” In its ruling, the Court overruled Hannan and returned to a summary judgment standard consistent with cases that have interpreted Rule 56 of the Federal Rules of Civil Procedure. The Court acknowledged that the “standard articulated in Hannan was unworkable and inconsistent with the history and text of Tennessee Rule 56.” Recently-retired Justice Gary Wade wrote an Opinion dissenting in part, in which he expressed his concern that the Court's decision effectively side-stepped the issue of whether the Tennessee General Assembly violated the Separation of Powers doctrine by enacting a statute (TCA Sec. 20-16-101) in 2011 which purported to overrule Hannan.
Condolences to the Family of John Price:
We were saddened to learn of the passing of attorney John Price, a good person who practiced for many years in the public and private sector of the Rutherford-Cannon County Bar. Combining his time as an Assistant District Attorney with his time in private practice, one would be hard-pressed to find a more well-rounded and experienced attorney. Mr. Price will be missed.
Condolences to the Family of Joe Brandon:
We were saddened to learn of the sudden passing of attorney Joe M. Brandon, Jr., a fine lawyer and a good man. On a professional level, his experience and wisdom will be missed by the Rutherford-Cannon County Bar Association. We here in Division III of the Circuit Court will miss seeing him in our Court, as he always brightened our day with his presence.
Chief Justice Sharon Lee Speaks to Local Groups in Murfreesboro:
On October 20, 2015, Tennessee Chief Justice Sharon Lee spoke at an event jointly sponsored by the Murfreesboro Downtown Barristers' Lions Club and the League of Women Voters of Murfreesboro. The Chief Justice spoke on the topic of politics and the judiciary, expressing her view that politics has no place in the courtroom, because Judges do not make policy; rather, the Courts must follow the Constitution. Additionally, the Chief Justice lamented the low voter turnout in America, noting that the recent Mayoral elections in Memphis and Nashville brought out less than 30% of vegistered voters.
Tennessee Supreme Court Rules that Void Judgments May be Enforced in Exceptional Circumstances:
In Turner v. Turner, an Opinion released on October 21, 2015, the Tennessee Supreme Court has ruled that a party may not always be entitled to relief from a void judgment. Specifically, the Court held that
relief from a void judgment should be denied if the following exceptional circumstances exist: “(1) [t]he party seeking relief, after having had actual notice of the judgment, manifested an intention to treat the judgment as valid; and (2) [g]ranting the relief would impair another person’s substantial interest of reliance on the judgment.”
Tennessee Supreme Court Vacates Circuit Court's Ruling Finding Statutory Caps on Damages to be Unconstitutional:
In Clark, et al. v. Cain, et al., an Opinion released on October 16, 2015, the Tennessee Supreme Court has vacated a ruling by the Circuit Court for Hamilton County that found a State law putting a cap on certain personal injury damages was unconstitutional. In this interlocutory appeal, the Supreme Court held that the Circuit Court's decision regarding the constitutionality of the damages cap was premature, and remanded the case to the Circuit Court for the trial to be concluded, to see whether the jury decides to award damages to the Plaintiffs in excess of the statutory cap.
New Rule Allows Waiver of Court Hearing in Most Irreconcilable Differences Divorces with Children in Rutherford County:
The Trial Judges of the Sixteenth Judicial District have issued an Administrative Order allowing parties to obtain Irreconcilable Differences divorces in most cases involving minor children via Affidavit instead of personally appearing before the Court. For additional information, please contact the Rutherford County Divorce Coordinator, Judy Reed, at (615) 848-5133.
Justice Gary R. Wade Announces Retirement from Tennessee Supreme Court :
Justice Gary R. Wade has announced that he plans to retire from the Tennessee Supreme Court in September. Justice Wade has served on the State's High Court since 2006, and has been a member of the Tennessee Judiciary for the last 28 years. For more information, please visit the Administrative Office of the Courts website.
Justice Gary R. Wade
Clerk & Master of Cannon County Launches Official Facebook Page:
Nathan Nichols, Clerk & Master of the Cannon County Chancery Court, has launched a new Facebook page, in order to provide the citizens of Cannon County with improved access to the services offered by his office.
Clerk & Master Nathan Nichols
Chief Justice Lee Stresses Importance of Gender Equality in Legal Profession:
Tennessee Supreme Court Chief Justice Sharon Lee has challenged the legal profession to set the standard for all professions and make gender equality a top priority. Chief Justice Lee’s remarks were made on May 12, 2015, at the East Tennessee Lawyers’ Association for Women (ETLAW) annual Supreme Court luncheon. Attended by the Supreme Court justices; local trial, appellate, and magistrate judges; local attorneys; law professors; and students, the event is an annual opportunity for members of the bench and bar to get to know both the Supreme Court justices and ETLAW. In her speech, Chief Justice Lee cited statistics from the July 2014 American Bar Association publication, A Current Glance at Women in the Law. She noted that although women make up 47% of law students and 45% of private practice associates, only 17% of equity partners are women. Most concerning, she said, is that female attorneys make only 79% of what their male counterparts pull in. There is even an 11% pay gap between female and male equity partners in the nation’s 200 largest firms. For more information about the Chief Justice's remarks, visit the Administrative Office of the Courts website.
New Case Assignments in Rutherford County:
Beginning October 7, 2014, Circuit Court, Division IV (Judge Royce Taylor) will hear criminal cases, and Circuit Court, Division III (Judge Keith Siskin) will hear civil cases. The other three Trial Judges will continue to hear cases as previously assigned: Circuit Court, Division I (Judge Mark Rogers) will hear civil cases; Circuit Court, Division II (Judge David Bragg) will hear criminal cases; and Chancellor Howard Wilson will hear civil cases. Orders of Protection will continue to be heard by all of the Trial Judges.
Judge Siskin elected Presiding Judge of 16th Judicial District:
Beginning September 1, 2014, Judge Keith Siskin will assume the role of Presiding Judge of the Sixteenth Judicial District. Pursuant to T.C.A. Sec. 16-2-509, the Trial Judges of each Judicial District elect one member of the Judiciary to serve as Presiding Judge each year. The Presiding Judge is responsible for assigning cases to the other Judges in the District, and for taking any actions necessary to correct any condition adversely affecting the administration of justice in the District. The Sixteenth Judicial District includes Rutherford and Cannon Counties.
Judge Siskin sworn in for upcoming term:
On August 19, 2014, Judge Siskin took the oath of office for his upcoming term on the Circuit Court, which begins on September 1, 2014. The oath was administered at the Cannon County Courthouse by Senior Judge Don Ash.
Pictured, from left to right, are Circuit Judges Keith Siskin, David Bragg, and Royce Taylor, and Senior Judge Don Ash.
Justice Sharon Lee elected Chief Justice of Tennesse Supreme Court:
Beginning September 1, 2014, Justice Sharon Lee will assume the role of Chief Justice of the Tennessee Supreme Court. Justice Lee won a retention election for an eight-year term on the Court in the August 7, 2014 statewide election.
Justice Sharon Lee
United States Supreme Court upholds validity of traffic stop based on anonymous tip in 911 call:
Navarette v. California
Filed April 22, 2014
Special Tennessee Supreme Court Upholds Constitutionality of Appellate Judge Election Process:
Hooker, et al. v. Haslam, et al.
Filed March 17, 2014
United States Supreme Court rules that police can lawfully search a residence without a warrant based on one occupant's consent, even when the other occupant objects to the search prior to being removed from the premises by the police.
Fernandez v. California
February 25, 2014
Tennessee Supreme Court reinstates DUI charges against man who passed field sobriety tests.
State v. Bell
February 20, 2014
Tennessee Court of Appeals refers attorney to Board of Professional Responsibility for "improper statements
made in the attorney’s appellate brief about the trial judge."
Green v. Champs-Elysees
February 18, 2014
Tennessee Supreme Court reverses burglary conviction because defendant entered victim's residence with victim's "effective consent" prior to robbery.
State v. Pope
December 30, 2013
Tennessee Supreme Court rules that case filed by plaintiff against Wal-Mart store for failing to protect plaintiff from an intoxicated customer in the parking lot can proceed.
Cullum v. McCool
December 18, 2013
United States Supreme Court reaffirms authority of State Courts to decide questions of federal constitutional and statutory issues, holding that "there is no intrinsic reason why the fact that a man is a federal judge should make him more competent, or conscientious, or learned...than his neighbor in the state courthouse."
Burt v. Titlow
November 5, 2013
Chancellor not seeking re-election:
Robert E. Corlew, III, the longest-serving member of the Sixteenth Judicial District trial court bench, has announced that he is retiring at the end of his present term. Chancellor Corlew gave Judge Siskin his start in Rutherford County, hiring him as law clerk in 1997.
Tennessee Supreme Court upholds state's Voter ID Act:
City of Memphis, et al. v. Hargett, et al.
October 17, 2013
Governor Haslam establishes Commission for judicial appointments:
Executive Order No. 34
October 16, 2013
Judge Siskin Attends Judicial Academy, September 30, 2013
Tennessee Supreme Court sends murder case back to Davidson County trial court due to juror's facebook messages to witness during trial:
State v. Smith, September 10, 2013
Tennessee Supreme Court places grandparents on equal footing with parents in proceedings to modify exisiting visitation Orders:
Lovelace v. Copley, September 6, 2013
Tennessee Supreme Court rules post-conviction relief not available in contempt cases:
Baker v. State, September 6, 2013
United States Supreme Court holds that a suspect’s failure to answer police questions can be used against him at trial in some circumstances.
Salinas v. Texas, June 17, 2013
United States Supreme Court expands circumstances under which federal courts can review state court proceedings involving ineffective assistance of counsel claims.
Trevino v. Thaler, May 28, 2013